Crafting regulations concerning where individuals experiencing homelessness can sleep is a common practice in many urban areas.
**Shaping Homeless Sleeping Laws in Cities: A Landmark Case**
In 2021, Frank, a man residing in Portland, Oregon, finds himself in a tent overlooking a river. This year, a lawsuit initially filed in 2018 on behalf of homeless individuals in Grants Pass, Oregon, is scheduled to be presented before the U.S. Supreme Court in April. The image credit for this scene goes to Paula Bronstein of AP.
The upcoming case before the U.S. Supreme Court in April holds significant weight as it has the potential to redefine how cities address homelessness. At the core of the legal debate lies the question of whether municipalities can penalize or detain individuals for sleeping outdoors when adequate shelter options are unavailable. The 9th U.S. Circuit Court of Appeals has already ruled such actions as constituting cruel and unusual punishment, making this case a critical test of that decision.
While a similar case was turned down by the high court in 2019, the landscape of homelessness has since evolved drastically. The surge in homelessness rates has led to the proliferation of street encampments, triggering strong opposition from local residents and businesses. The intertwined issues of homelessness and the scarcity of affordable housing have emerged as pivotal concerns for many voters.
The case in question, known as *Grants Pass v. Johnson*, carries profound implications for the growing population of individuals living in tents and vehicles throughout the United States. This legal battle has the potential to shape the future of homeless sleeping laws in cities across the nation.
Impact of Sleeping Laws on Homeless Individuals in Cities
Grants Pass, Oregon, a small city, faced criticism from homeless individuals for its strict regulations on camping and the use of sleeping bags and stoves in public areas. Over the past decade, the city’s measures to deter people from sleeping in public spaces have been met with resistance. Helen Cruz, who found herself without housing for several years, resorted to living in city parks due to their proximity to her cleaning jobs.
Cruz emphasizes, “We don’t choose to be out there; circumstances leave us no option. There’s simply nowhere else to go.” The absence of a universally accessible homeless shelter in Grants Pass forces individuals like Cruz to seek alternative sleeping arrangements.
With limited options, some homeless individuals turn to religious missions that offer shelter in exchange for attending services. However, for Cruz, this was not a viable solution. As a result, she accumulated substantial fines for violating the city’s sleeping laws, creating a financial burden she cannot alleviate.
“Receiving constant notices from the Josephine County court demanding payment has severely impacted my credit score,” Cruz laments, highlighting the detrimental effects of punitive measures on individuals already facing housing insecurity.
Legal Battle Over Homeless Sleeping Laws in Cities
In 2018, a lawsuit was initiated on behalf of homeless individuals in Grants Pass, highlighting the city’s role in a broader national crisis of escalating homelessness rates. The lawsuit contended that the city was unfairly targeting individuals for being involuntarily homeless. The 9th Circuit concurred, asserting that the city could not prohibit individuals from sleeping outdoors with basic protection from the elements when alternative shelter was unavailable.
Similarly, the 9th Circuit supported homeless individuals in a significant 2018 case in Boise, Idaho, a case that the Supreme Court later opted not to review.
Comparatively, critics argue that the ruling in Grants Pass represents a more extensive interpretation than the Boise case, as it not only prohibits criminal penalties but civil ones as well. Advocates for the homeless argue that the distinction is minimal, as individuals in Grants Pass who were unable to pay fines were ultimately incarcerated.
Grants Pass has appealed to the Supreme Court, garnering backing from numerous local and state officials nationwide who have urged the justices to consider the case. Supporters of the appeal include Republican-led states such as Idaho, Montana, and Nebraska, Democratic-led cities like Los Angeles and San Francisco, and a separate endorsement from California Governor Gavin Newsom.
Challenges in Managing Public Safety Due to Homeless Sleeping Laws in Cities
According to officials, the implementation of homeless sleeping laws has severely hindered their ability to address a pressing public safety crisis. States and cities argue that these legal decisions have directly contributed to the proliferation of tent encampments.
“The rulings are legally flawed and have significantly restricted the actions of local governments in dealing with the immediate homelessness emergency,” stated Theane Evangelis, the legal representative for Grants Pass. “Regrettably, these decisions are causing harm to the very individuals they are meant to safeguard.”
Evangelis and other advocates emphasize that sprawling tent settlements present serious risks to public health and safety. Residents in these encampments frequently encounter incidents of theft and assault, in addition to being vulnerable to accidents involving passing vehicles. Furthermore, the presence of these encampments has resulted in various issues such as fires, disease outbreaks, environmental threats, and a concerning rise in drug overdoses and fatalities on public thoroughfares.
California Governor Gavin Newsom expressed his concerns about the escalating issue of homelessness during a Politico event in Sacramento last year. He emphasized the urgency of the situation, stating that people’s lives are in jeopardy due to the unacceptable conditions on the streets and sidewalks. Newsom emphasized the importance of compassion, highlighting that true compassion does not entail simply walking past individuals living on the streets.
Critics of the 9th Circuit’s rulings argue that the decisions lack clarity and have been broadly interpreted, rendering them impractical in real-world implementation. Seattle City Attorney Ann Davison, who authored a legal brief representing several cities and the National League of Cities, emphasized the need for clear guidelines to address the issue effectively.
One of the key challenges raised by local officials is determining what qualifies as adequate shelter for the homeless population. Additionally, the dilemma arises when shelter space is available, but individuals refuse to utilize it. Many local authorities acknowledge the complexity of this issue, recognizing that some individuals may have valid reasons for not opting for shelter. However, Davison pointed out that court rulings essentially mandate cities to provide shelter for every homeless person, a financial burden that many municipalities cannot sustain.
Furthermore, opponents argue that addressing homelessness requires a nuanced approach that involves balancing various interests, a task better suited for local officials than the judicial system. Davison emphasized the importance of demonstrating respect for public spaces while also prioritizing the well-being of individuals experiencing homelessness. She underscored the significance of community engagement and long-term solutions in addressing this multifaceted issue.
Challenges with Enforcing Homeless Sleeping Laws in Cities
Legal representatives and advocates supporting individuals experiencing homelessness argue that the interpretations of the 9th Circuit are more specific and less constrictive than what municipalities assert.
Jesse Rabinowitz from the National Homelessness Law Center remarks, “It’s intriguing how those in positions of authority have given up and resorted to the notion that the only recourse is to apprehend individuals.” He emphasizes that this perspective is inaccurate.
According to Rabinowitz and his peers, the court rulings permit cities to oversee encampments. They have the authority to regulate the timing and locations of these settlements, prohibit the use of tents, and conduct clearances. Many cities implement such regulations, although they frequently encounter legal challenges regarding the specifics of permissible actions.
The Impact of Homeless Sleeping Laws on Cities
According to Ed Johnson from the Oregon Law Center, Grants Pass has taken a controversial step by imposing a ban on camps, essentially making it impossible for homeless individuals to find a place to rest. He argues that such actions go against the principles of a just society, as individuals should not be penalized for circumstances beyond their control.
Johnson points out that the root cause of homelessness in Grants Pass, similar to many other cities in the U.S., is the severe shortage of affordable housing and skyrocketing rents. Instead of addressing these systemic issues, cities resort to punitive measures like fines and imprisonment, exacerbating the problem further.
Ann Oliva, the CEO of the National Alliance to End Homelessness, highlights the detrimental effects of criminalizing homelessness. She emphasizes that such actions hinder individuals from securing employment and housing opportunities, especially if they acquire a criminal record in the process.
While some cities, including those supporting Grants Pass, claim to have made significant investments in creating affordable housing, the rates of homelessness continue to rise. This ongoing challenge underscores the need for sustainable solutions, regardless of the outcomes of legal battles in the Supreme Court.
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